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Case Stories
❌ EB-3 Employment-Based I-485 Denied - RFE Response Lost by USCIS, I-290B Pending
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❌ **Case Status: Denied**
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An Amazon employee's I-485 was denied after USCIS claimed they never received the second RFE response, despite FedEx proof of delivery. An I-290B Motion to Reopen was filed in September 2025 and remains pending as of May 2026, nearly 8 months later. The case highlights a systemic USCIS mail processing issue where physically delivered documents are not recorded in the applicant's file.
An employment-based I-485 filed in October 2024 was denied in August 2025 after USCIS stated they did not receive the response to a second RFE issued in April 2025. The attorney has FedEx proof of delivery confirming the response was submitted before the deadline on June 2, 2025. USCIS issued the denial on August 15, 2025 — approximately 10 weeks after the documented delivery. A Form I-290B Motion to Reopen/Reconsider was filed and received by USCIS on September 5, 2025. As of May 2026, the I-290B has been pending for roughly 8 months with no substantive update. The case raises concerns about USCIS internal mail routing and evidence association procedures, particularly for RFE responses submitted via physical delivery carriers.
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**[📎 View Original Post](https://www.reddit.com/r/greencard/comments/1tmp4tw/employmentbased_i485_denied_because_uscis_says/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
I-290B motions to reopen on employment-based I-485 cases have historically taken 6–18 months to adjudicate, and cases like this — where the denial stems from a USCIS internal processing error rather than a legal deficiency — are generally strong candidates for reopening. FedEx/UPS proof of delivery with a tracking confirmation timestamp is considered compelling evidence in I-290B filings. Applicants in similar situations should consider simultaneously filing a DHS Ombudsman case assistance request and a congressional inquiry, as both can generate internal case reviews without requiring additional legal filings. EAD/AP combo cards tied to a pending I-485 typically remain valid while an I-290B is pending, but this should be confirmed with an attorney as USCIS policy on this point is not always consistently applied.